The tariff classification of a housed ball bearing from China

NY R00587 August 16, 2004 CLA-2-84:RR:NC:1:102 R00587 CATEGORY: Classification TARIFF NO.: 8483.20.4040 Mr. Eric J. Wise Omar Associates, LLC 1182 Windmill Way Avon, Ohio 44011 RE: The tariff classification of a housed ball bearing from China Dear Mr. Wise: In your letter dated July 19, 2004 you requested a ruling with respect to tariff classification and the acceptability of a proposed country of origin marking. The article in question is described as a housed bearing, part number BRG/00/0032. The housing is a two-bolt flange unit and incorporates a spherical ball bearing. You indicate that the housed bearing will be imported individually boxed and that the side of the box will be marked “Made in China” to indicate the country of origin. Descriptive information and drawings depicting the housed bearing and the marking were submitted. The applicable subheading for the housed ball bearing will be 8483.20.4040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for flange housed bearings incorporating ball bearings. The rate of duty will be 4.5 percent ad valorem. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. The proposed marking of the individually boxed housed bearing, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking. You have also asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth T. Brock at 646-733-3009. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division